The successful prosecution was brought by our Trading Standards following an investigation by officers on the team.
Ashiquallah Darwish, 53, of Moorgate Road, Rotherham, who owns and runs Bargain World in Oxford Street, Ripley, appeared before Southern Derbyshire Magistrates today (Monday 4 December).
He admitted a charge of selling a disposable electronic cigarette (vape) to an underage person, contrary to the Children and Families Act 2014 and the Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015.
He also admitted a further 8 charges of possession for supply of vapes that did not comply with UK legislation with respect to volume of nicotine liquid and labelling, contrary to the Tobacco and Related Products Regulations 2016.
The court heard that visits by trading standards officers had led to the discovery of non-compliant vapes at the shop, and in January this year officers carried out a test purchase operation at the shop following complaints from members of the public.
A sale of a non-compliant vape was made to the test purchase volunteer, with no age or ID checks being asked for.
Follow up visits were made to the shop by officers during which more than 200 non-compliant vapes were found. This was despite Darwish having received comprehensive advice and guidance from trading standards on underage sales and supply of vapes.
Our Cabinet Member for Health and Communities Councillor Carol Hart said:
“Our trading standards officers are working incredibly hard to tackle the issue of underage sales and supply of illicit vapes and will not hesitate to take action against anyone who flouts the law in this way.
“While we acknowledge vapes that are compliant with the law are an effective tool in helping adults quit smoking, the health advice is clear – if you don’t smoke, don’t vape, and children should never vape.
“We are grateful to members of the public for alerting us to people they suspect are breaking the law, and I’d encourage them to continue to do so. I hope that today’s successful prosecution sends out a clear message to anyone thinking of going down a similar route that they will not get away with it.”
People wanting to report any suspicions of the sale of vapes to underage people should report them to the Citizens Advice consumer helpline on tel: 0808 2231133 or Crimestoppers on tel: 0800 555111.